27140 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 

Register document reflects 

recommendations made by the NACMPI 

HACCP Systems Validation SubCommittee. Most of the revisions 

recommended by NACMPI were to 

improve the clarity of the document. For 

example, in response to a NACMPI 

recommendation, the draft compliance 

guidance now clearly and concisely 

describes the distinction between 

validation and verification and explains 

how the establishment’s HACCP plan 

reassessment fits into the process. The 

draft guidance reiterates that the 

establishment is required to reassess its 

HACCP plan annually and whenever 

changes occur that affect the hazard 

analysis or HACCP plan (9 CFR 

417.2(a)). The draft guidance also makes 

clear that that to conduct an effective 

reassessment, establishments should 

review the records generated by the 

entire HACCP system and analyze these 

records to determine how the HACCP 

system is performing as a whole. Prerequisite programs are a critical part of 

the environment in which HACCP plans 

function and are therefore an important 

part of any HACCP plan reassessment. 

FSIS also updated the guidance to 

include guidance for validating cooking 

instructions for ground poultry patties. 

The NACMPI report is available on 

the FSIS Web site at: http:// 

www.fsis.usda.gov/PDF/ 

Validation_Issue_Paper_Final.pdf. 

In addition to comments on the draft 

guidance document, the NACMPI also 

made recommendations on FSIS’s 

implementation and verification 

activities after the Agency issues final 

validation guidance. The NACMPI 

recommended that FSIS ‘‘phase in’’ its 

activities to ensure that establishments 

have appropriately validated HACCP 

systems by focusing first on those 

product categories that present the 

greatest public health risk. The NACMPI 

also recommended that at their next 

annual reassessment, existing 

establishments should be expected to 

have determined whether they need to 

collect additional in-plant data to 

complete their validation or whether the 

data they have collected meet the 

validation requirements. FSIS believes 

that both recommendations have merit 

and requests comments on them. 

The revised draft guidance document 

is available for public viewing in the 

FSIS docket room and on the FSIS Web 

site at http://www.fsis.usda.gov/ 

Regulations_&_Policies/ 

Compliance_Assistance/index.asp. FSIS 

again invites comments on the revised 

guidance document, as well as on the 

issues discussed in this Federal Register 

document. The Agency will also hold a 

public meeting to discuss the revised 

draft guidance and to solicit additional 

input on validation requirements. 

Next Steps 

After considering the public input 

and comments it receives on the revised 

draft guidance document, FSIS will 

issue a final guidance document on 

HACCP system validation and publish a 

Federal Register document to announce 

its availability. At that time, FSIS will 

also announce when Agency personnel 

will begin to take enforcement actions if 

it finds that an establishment has failed 

to conduct and document in-plant 

validation. 

Until then, FSIS inspection personnel 

will continue to issue a noncompliance 

record (NR) if an establishment lacks the 

required scientific or technical support 

for its HACCP system, or if the scientific 

or technical support is inadequate. FSIS 

will also continue to issue an NOIE if, 

taken together with other relevant 

findings, an establishment’s scientific or 

technical support is inadequate, and the 

Agency can support a determination 

that the establishment’s HACCP system 

is inadequate for any of the reasons 

provided in 9 CFR 417.6. 

FSIS will also continue to conduct 

Food Safety Assessments (FSAs). If, 

when conducting an FSA, an EIAO 

finds that an establishment has not 

completed the in-plant demonstration, 

the EIAO will note this finding in the 

FSA and inform the establishment. 

Until the enforcement date, FSIS will 

not issue NRs or take enforcement 

actions based solely on a finding that an 

establishment lacks in-plant validation 

data. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this document, FSIS will announce it 

online through the FSIS Web page 

located at http://www.fsis.usda.gov/ 

regulations/2012_Notices_Index/. FSIS 

will also make copies of this Federal 

Register publication available through 

the FSIS Constituent Update, which is 

used to provide information regarding 

FSIS’ policies, procedures, regulations, 

Federal Register notices, public 

meetings, and other types of information 

that could affect or would be of interest 

to constituents and stakeholders. The 

Update is communicated via Listserv, a 

free electronic mail subscription service 

for industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an 

email subscription service which 

provides automatic and customized 

access to selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Information is available about a variety 

of topics including recalls, exports, 

regulations, directives, and notices. 

Customers can add or delete 

subscriptions themselves, and they have 

the option to password protect their 

accounts. 

Done at Washington, DC, on May 1, 2012. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2012–10895 Filed 5–8–12; 8:45 am] 

BILLING CODE 3410–DM–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

12 CFR Part 404 

[EXIM–OIG–2012–0010] 

RIN 3048–AA02 

Privacy Act of 1974: Implementation of 

Exemptions; Export-Import Bank of the 

United States Office of Inspector 

General—Office of Inspector General 

Investigative Records 

AGENCY: The Export-Import Bank of the 

United States. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Export-Import Bank of 

the United States (hereafter known as 

‘‘Ex-Im Bank’’), Office of Inspector 

General (hereafter known as ‘‘OIG’’ or 

‘‘Ex-Im Bank OIG’’) is giving concurrent 

notice of a new system of records 

entitled, ‘‘EIB–35–Office of Inspector 

General Investigative Records.’’ In this 

proposed rulemaking, Ex-Im Bank 

proposes to exempt portions of this 

system of records from one or more 

provisions of the Privacy Act because of 

criminal, civil, and administrative 

enforcement requirements. 

DATES: Comments should be received on 

or before July 9, 2012 to be assured of 

consideration. 

ADDRESSES: You may submit comments, 

identified by Docket Number EIB–2011– 

0010 by one of the following methods: 

• Electronically through the 

eRulemaking Portal at http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please search for EIB–2011–0010. 

• By Mail/Hand Delivery/Courier: 

Alberto Rivera-Fournier, Ex-Im Bank, 


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Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 27141 

Office of Inspector General/811 Vermont 

Avenue NW., Rm. 976, Washington, DC 

20571. Please allow sufficient time for 

mailed comments to be received before 

the close of the comment period. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received before the end of the 

comment period will be posted on 

http://www.regulations.gov for public 

viewing, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Alberto Rivera-Fournier, Ex-Im Bank, 

Office of Inspector General, 811 

Vermont Avenue NW., Rm. 976, 

Washington, DC 20571 or by telephone 

(202) 565–3908 or facsimile (202) 565– 

3988. 

SUPPLEMENTARY INFORMATION: 

Concurrently with the publication of 

this notice of proposed rulemaking, the 

Ex-Im Bank OIG is publishing a new 

system of records notice that is subject 

to the Privacy Act of 1974, 5 U.S.C. 

552a. The system is entitled, ‘‘EIB–35– 

Office of Inspector General Investigative 

Records’’. The system of records is 

necessary in order for Ex-Im Bank OIG 

to carry out its investigative 

responsibilities pursuant to the 

Inspector General Act of 1978, as 

amended. 

Ex-Im Bank is proposing to exempt 

this system, in part, from certain 

provisions of the Privacy Act. The OIG 

is responsible for conducting and 

supervising independent and objective 

audits, inspections, and investigations 

of the programs and operations of Ex-Im 

Bank. The OIG promotes economy, 

efficiency, and effectiveness within the 

Ex-Im Bank and prevents and detects 

fraud, waste, and abuse in its programs 

and operations. The OIG’s Office of 

Investigations investigates allegations of 

criminal, civil, and administrative 

misconduct involving Ex-Im Bank 

employees, contractors, programs and 

activities. These investigations can 

result in criminal prosecutions, fines, 

civil monetary penalties, and 

administrative sanctions. 

The new system of records assists the 

OIG with receiving and processing 

allegations of violation of criminal, 

civil, and administrative laws and 

regulations relating to Ex-Im Bank 

employees, contractors, and other 

individuals and entities associated with 

Ex-Im Bank. The system includes both 

paper investigative files and the 

‘‘Inspector General Information System’’ 

(IGIS), an electronic case management 

and tracking information system, which 

also generates reports. IGIS allows the 

OIG to manage information provided 

during the course of its investigations, 

and, in the process, to facilitate its 

management of investigations and 

investigative resources. 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of Ex-Im Bank by complying 

with Ex-Im Bank Privacy Act 

regulations, 12 CFR part 404. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

The Privacy Act allows government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, 

however, it must issue a Notice of 

Proposed Rulemaking to make clear to 

the public the reasons why a particular 

exemption is claimed. 

Ex-Im Bank is claiming exemptions 

from certain requirements of the Privacy 

Act for the ‘‘EIB–35–Office of Inspector 

General Investigative Records’’ because 

information in this system of records 

relates to official law enforcement 

activities. These exemptions are needed 

to protect information relating to Ex-Im 

Bank OIG activities from disclosure to 

subjects of investigations and others 

related to these activities. 

Specifically, the exemptions are 

required to preclude subjects of 

investigations from frustrating the 

investigative process; to avoid 

disclosure of investigative techniques; 

to protect the identities and physical 

safety of confidential informants and 

law enforcement personnel; to ensure 

Ex-Im Bank OIG’s ability to obtain 

information from third parties and other 

sources; to protect the privacy of third 

parties; to fulfill commitments made to 

protect the confidentiality of sources; 

and to safeguard confidential 

information. Disclosure of information 

to the subject of the inquiry could also 

permit the subject to avoid detection or 

apprehension. 

The exemptions proposed here are 

standard law enforcement exemptions 

exercised by a large number of Federal 

law enforcement and intelligence 

agencies. In appropriate circumstances, 

where compliance would not appear to 

interfere with or adversely affect the law 

enforcement purposes of this system 

and the overall law enforcement 

process, the applicable exemptions may 

be waived on a case by case basis. 

List of Subjects in 12 CFR Part 404 

Information disclosure. 

For the reasons stated in the 

preamble, Ex-Im Bank proposes to 

amend chapter IV of Title 12, Code of 

Federal Regulations, as follows: 

PART 404—INFORMATION 

DISCLOSURE 

1. The authority citation for part 404 

continues to read as follows: 

Authority: 5 U.S.C. 552 and 552a. Section 

404.7 also issued under E.O. 12600, 52 FR 

23781, 3 CFR, 1987 Comp., p. 235. Section 

404.21 also issued under 5 U.S.C. 552a note. 

Subpart C also issued under 5 U.S.C. 301, 12 

U.S.C. 635. 

Subpart B—Access to Records Under 

the Privacy Act of 1974 

2. Add § 404.24 to subpart B to read 

as follows: 

§ 404.24 Exemptions: EIB–35—Office of 

Inspector General Investigative Records 

(a) Criminal Law Enforcement. (1) 

Exemption. Under the authority granted 

by 5 U.S.C. 552a(j)(2), Ex-Im Bank 

hereby exempts the system of records 

entitled ‘‘EIB–35—Office of Inspector 

General Investigative Records’’ from the 

provisions of 5 U.S.C. 552a(c)(3), (c)(4), 

(d)(1) through (4), (e)(1) through (3), 

(e)(4)(G) and (H), (e)(5), (e)(8), (f), and (g) 

because the system contains information 

pertaining to the enforcement of 

criminal laws. ‘‘EIB–35—Office of 

Inspector General Investigative 

Records’’ is maintained by the Ex-Im 

Bank Office of Inspector General (‘‘OIG’’ 

or ‘‘Ex-Im Bank OIG’’). 

(2) Reasons for exemption. The 

reasons for asserting this exemption are: 

(i) Disclosure to the individual named 

in the record pursuant to 5 U.S.C. 

552a(c)(3), (c)(4), or (d)(1) through (4) 

could seriously impede or compromise 


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27142 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Proposed Rules 

the investigation by alerting the 

target(s), subjecting a potential witness 

or witnesses to intimidation or improper 

influence, and leading to destruction of 

evidence. Disclosure could enable 

suspects to take action to prevent 

detection of criminal activities, conceal 

evidence, or escape prosecution. 

(ii) Application of 5 U.S.C. 552a(e)(1) 

is impractical because the relevance of 

specific information might be 

established only after considerable 

analysis and as the investigation 

progresses. Effective law enforcement 

requires the OIG to keep information 

that may not be relevant to a specific 

OIG investigation, but which may 

provide leads for appropriate law 

enforcement and to establish patterns of 

activity that might relate to the 

jurisdiction of the OIG and/or other 

agencies. 

(iii) Application of 5 U.S.C. 552a(e)(2) 

would be counterproductive to the 

performance of a criminal investigation 

because it would alert the individual to 

the existence of an investigation. In any 

investigation, it is necessary to obtain 

evidence from a variety of sources other 

than the subject of the investigation in 

order to verify the evidence necessary 

for successful litigation or prosecution. 

(iv) Application of 5 U.S.C. 552a(e)(3) 

could discourage the free flow of 

information in a criminal law 

enforcement inquiry. 

(v) The requirements of 5 U.S.C. 

552a(e)(4)(G) and (H), and (f) would be 

counterproductive to the performance of 

a criminal investigation. To notify an 

individual at the individual’s request of 

the existence of records in an 

investigative file pertaining to such 

individual, or to grant access to an 

investigative file could interfere with 

investigative and enforcement 

proceedings, deprive co-defendants of a 

right to a fair trial or other impartial 

adjudication, constitute an unwarranted 

invasion of personal privacy of others, 

disclose the identity or confidential 

sources, reveal confidential information 

supplied by these sources and disclose 

investigative techniques and 

procedures. Nevertheless, Ex-Im Bank 

OIG has published notice of its 

notification, access, and contest 

procedures because access may be 

appropriate in some cases. 

(vi) Although the OIG endeavors to 

maintain accurate records, application 

of 5 U.S.C. 552a(e)(5) is impractical 

because maintaining only those records 

that are accurate, relevant, timely, and 

complete and that assure fairness in 

determination is contrary to established 

investigative techniques. Information 

that may initially appear inaccurate, 

irrelevant, untimely, or incomplete may, 

when collated and analyzed with other 

available information, become more 

pertinent as an investigation progresses. 

(vii) Application of 5 U.S.C. 552a(e)(8) 

could prematurely reveal an ongoing 

criminal investigation to the subject of 

the investigation. 

(viii) The provisions of 5 U.S.C. 

552a(g) do not apply to this system if an 

exemption otherwise applies. 

(b) Other Law Enforcement. 

(1) Exemption. Under the authority 

granted by 5 U.S.C. 552a(k)(2), Ex-Im 

Bank hereby exempts the system of 

records entitled ‘‘EIB–35—Office of 

Inspector General Investigative 

Records’’ from the provisions of 5 U.S.C. 

552a(c)(3), (d)(1) through (4), (e)(1), 

(e)(4)(G) and (H), and (f) for the same 

reasons as stated in paragraph (a)(2) of 

this section, that is, because the system 

contains investigatory material 

compiled for law enforcement purposes 

other than material within the scope of 

5 U.S.C. 552a(j)(2). 

(2) Reasons for exemption. The 

reasons for asserting this exemption are 

because the disclosure and other 

requirements of the Privacy Act could 

substantially compromise the efficacy 

and integrity of OIG operations. 

Disclosure could invade the privacy of 

other individuals and disclose their 

identity when they were expressly 

promised confidentiality. Disclosure 

could interfere with the integrity of 

information which would otherwise be 

subject to privileges (see, e.g., 5 U.S.C. 

552(b)(5)), and which could interfere 

with other important law enforcement 

concerns (see, e.g., 5 U.S.C. 552(b)(7)). 

(c) Federal Civilian or Contract 

Employment. (1) Exemption. Under the 

authority granted by 5 U.S.C. 552a(k)(5), 

Ex-Im Bank hereby exempts the system 

of records entitled ‘‘EIB–35—Office of 

Inspector General Investigative 

Records’’ from the provisions of 5 U.S.C. 

552a(c)(3), (d)(1) through (4), (e)(1), 

(e)(4)(G) and (H), and (f) because the 

system contains investigatory material 

compiled for the purpose of determining 

eligibility or qualifications for federal 

civilian or contract employment. 

(2) Reasons for exemption. The 

reasons for asserting this exemption are 

the same as described in paragraph 

(a)(2) of this section. 

Dated: May 1, 2012. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2012–10903 Filed 5–8–12; 8:45 am] 

BILLING CODE 6690–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0425; Directorate 

Identifier 2011–NM–273–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all The 

Boeing Company Model 717–200 

airplanes. This proposed AD was 

prompted by multiple reports of cracks 

of overwing frames. This proposed AD 

would require repetitive inspections for 

cracking of the overwing frames, and 

related investigative and corrective 

actions if necessary. We are proposing 

this AD to detect and correct such 

cracking that could sever a frame, which 

may increase the loading of adjacent 

frames, and result in damage to the 

adjacent structure and consequent loss 

of structural integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by June 25, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; email 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 


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